CP Plus At train Station

nigelbb

AIUI a copy of the relevant bylaws must be available for inspection at the station in question.

Also in the Government document describing the railway bylaws https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/4202/railway-byelaws.pdf it states that

A full copy of the Railway Byelaws can be obtained free of charge from:
The Secretary
Strategic Rail Authority
55 Victoria Street
LONDON
SW1H 0EU
or
Department for Transport
76 Marsham Street
LONDON
SW1P 4DR

frazell

Wolboy, I wrote to SWT on their e-mail address and as yet no response. havent spoken to CP Plus yet.

wolboy

Nigelbb I asked for a copy of the bylaws that CP Plus work under and clearly state in there penalty from SWT and CP Plus because all bylaws should be a public document but as yet they have failed to materialize.

nigelbb

wolboy wrote: »

Nigelbb I asked for a copy of the bylaws that CP Plus work under and clearly state in there penalty from SWT and CP Plus because all bylaws should be a public document but as yet they have failed to materialize.

Go to the station & request a view of the bylaws. ISTR that if they are not available for inspection then they cannot be invoked.

Coupon-mad

I think I would send them a Letter before Claim for damages (of more than the 'penalty', maybe double) for the harassment and unjustified, unlawful 'penalty' if they don't cough up the bylaws by a set time. Let's say, give them 14 days. Certainly the person whose car was clamped on pepipoo would be well advised to just press ahead with a MCOL against both parties - jointly and severally liable - as that poster is out of pocket to the tune of £355!!

frazell

Wolboy, anything on this yet? I have been doing some reading and there is a thread on Pepipoo where someone has had all his tickets cancelled due to (presumably) Byelaw and PoFA language being mixed and unclear. I have been trying to find out further details on this.

wolboy

Hi Frazell

Nothing as yet nice to know there both professional company's!!!
Sent 3 emails to both asking questions but nothing, so as far as I'm concerned if they cant be bothered neither can I.
Just going to keep the correspondence my end just in-case.

Firemanbill

Ignore all the b******t on here which is being posted by agents of the parking companies. Less than 20 court cases out of nearly 2m tickets issued is the only stat you need to think about.

Stroma

Firemanbill wrote: »

Ignore all the b******t on here which is being posted by agents of the parking companies. Less than 20 court cases out of nearly 2m tickets issued is the only stat you need to think about.

You are obviously misinformed!
https://www.whatdotheyknow.com/request/small_claims_from_bpa_aos_member

Stigy

nigelbb wrote: »

For the by laws to be in effect & used they must actually be on display or available at that particular location.

Not entirely sure where you heard that one. The Railway Byelaws are publically available although Railway Stations tend not to keep copies to dish out anymore. They are readily available online here, Or free from the DfT. They can be enforced regardless of being available or on display.

wolboy wrote:

Nigelbb I asked for a copy of the bylaws that CP Plus work under and clearly state in there penalty from SWT and CP Plus because all bylaws should be a public document but as yet they have failed to materialize

As I said above, it is a public document and is readily available. In this instance, Byelaw 14 would be used, if CP Plus were indeed using them....I will go in to that in a bit.

pogofish wrote:

They still have clamping/towing on the sign - WOW!

Yup, and they still clamp and/or tow. They're allowed to as they're on Railway property and thus governed by different legislation (the Byelaws) not usually applicable to private property.

CP Plus not so long ago changed a few bits on their notices issued at Railway Stations, which does make them look much more...."real". Changes included changing 'Parking Charge Notice' to 'Penalty Charge Notice'. However, they still don't prosecute under the Railway Byelaws, as an agent of SWT's. I'm guessing this is because it's easier and often gets results, to send letter after letter in the hope that people will pay up. Indeed, often no letters are needed as people pay up straight away anyway. It would be a far more professional outfit if SWT were to bin CP Plus and took their parking enforcement in-house, utilising their Prosecutions Dept if necessary.